Smithfield Foods, Inc. Contract Hauler Vendor Setup Information

Transcription

1 PO Box 759 Rose Hill, North Carolina Tel: Fax: Smithfield Foods, Inc. Contract Hauler Vendor Setup Information Thank you for showing an interest in potentially doing business with Smithfield Foods, Inc. Attached you will find the following: o Contract Service Agreement (complete and return) o Liability Insurance Requirements for Contractors/Subcontractors o Worker s Compensation Waiver Agreement (complete and return) o Load Log* Your insurance agent will need to provide us with your Certificate of Insurance showing proof of our required coverage. In addition, Smithfield Foods, Inc. requires a signed Worker s Compensation Waiver Agreement from all sole owner/operators as proof that they are the only driver for their truck(s). Otherwise, a Worker s Compensation Certificate of Insurance showing proof of coverage is mandatory. You may also need a TWIC (Transportation Worker Identification Credential) card if you will haul grain/product from the North Carolina State Ports. If you don t have a TWIC card and would like to learn more about it, call the TWIC Enrollment Office toll free at *You will need to make copies of your Load Log and turn your load log and tickets in to the Smithfield Grain Accounting department. Their fax number is Complete all of the required information set-up information and return via fax, or mail. Please be sure to keep a copy for your records. Mailing Address: DO NOT USE THIS ADDRESS ON INSURANCE CERTIFICATES Smithfield Foods, Inc. Attn: Procurement/Risk Management PO Box 759 Rose Hill, NC estockford@smithfield.com

2 New Contract Hauler Inquiry In order to better serve you, please complete this brief questionnaire. Please answer in as much detail as possible. Name: Name of trucking company: Federal Tax ID: Home base address: Fax: Office number: Cell: States licensed: Total trucks you own: # of Trailers and type: Total drivers you have: TWIC card: Yes No Alternate phone number (required): Cell Phone Carrier: Mailing Address (include City, State and Zip Code) Payment method: Check Auto Deposit If auto deposit please supply: Bank Name Account type Checking Savings Routing/Transit# Bank Account # DOT #

3 SMITHFIELD FOODS, INC. LIABILITY INSURANCE REQUIREMENTS FOR CONTRACTORS/SUBCONTRACTORS Smithfield Foods, Inc. requires proof of liability insurance coverage from any and all contractors or subcontractors providing services to the Company or on behalf of the Company. The contractor/subcontractor must sign an agreement stating that coverage is in effect. Certificates of insurance must be on file prior to commencement of the contractor service. *Please include the following statement in the Description of Operations field near the bottom of the certificate: Smithfield Foods, Inc. and all subsidiaries, related entities and affiliates, shareholders, directors, officers, agents, managers, partners and members of the foregoing entities are names as additional insured. Lines and limits of required coverage are determined using the following guidelines: Level II Hauler Work performed, the failure of which that is unlikely to cause appreciable loss of personnel, property, or environmental integrity. General Liability: Workers Compensation*: Auto/Fleet Liability: Cargo Liability: $500,000 per occurrence $1,000,000 aggregate All contractors with employees must provide workers compensation insurance. $1,000,000 (combined single limit) if transporting Smithfield Grain product or property. $25,000 minimum coverage. Limit must cover value of load. Workers Compensation Liability is subject to general statutes in the state of employment. Additionally, all contractors/subcontractors with employees must provide workers compensation coverage. Contractors/subcontractors, owners, owner-operators with no employees may waive coverage. All contractors/subcontractors must sign the CONTRACTOR/SUBCONTRACTOR AGREEMENT. Contractors/subcontractors who engage independent contractors to perform services for them must have them complete a CONTRACTOR/SUBCONTRACTOR AGREEMENT. The certificate must name Smithfield Foods, Inc. as Additional Insured and Certificate Holder. Addressed to: Risk Management Department Smithfield Foods, Inc. PO Box 856 Warsaw, NC Waiver of any required coverage must be granted in writing and authorized by the President/COO of Smithfield Foods, Inc.

4 SMITHFIELD FOODS, INC. CONTRACTOR SERVICE AGREEMENT THIS AGREEMENT is made this day of, 20 by and between Smithfield Foods, Inc. of and (City, State) (Contractor s Name) of, a CONTRACTOR (City,State) Contractor hereby agrees that it is an independent contractor providing services to Smithfield Foods, Inc. on a contractual basis. Employees of contractor are employees of contractor and not Smithfield Foods, Inc. Contractor agrees that it has the required insurance coverage for liability as required by Smithfield Foods, Inc. as outlined on attached insurance sheet and for its employees as required by all local, state and federal regulations. CON/SUB agrees that it is responsible for complying with all local, state, and federal OSHA, Dept. of Labor, and Internal Revenue regulations. This includes but is not limited to withholding and payment of payroll taxes. The Contractor agrees to at all times remain in strict compliance with all terms, provisions, regulations and rulings relative to the Immigration Reform and Control Act of 1986 ( IRCA ). The responsibility for completing an I-9 form for each worker rests solely with the contractor. The Contractor has in fact completed an I-9 form for each worker. The Contractor is not providing any worker to Smithfield Foods, Inc. who is not authorized to work in the United States. The Contractor will indemnify the Company for any penalties assessed against the Company with regard to the knowing hiring of unauthorized workers or I-9 paperwork violations.

5 The Contractor will indemnify, defend, and hold Company and its affiliates (and their officers, directors, employees and agents) harmless against any and all costs, losses, damages or expenses (including reasonable attorney s fees) that any of them may incur or be subjected to by reason of any claim, demand or suit arising out of Contractor s performance of the Services set forth in this Agreement and the applicable Statement of Work, or by reason of any act or omission of Contractor or any of its employees, contractors or agents. In no event shall either party be liable to the other party for any incidental, indirect, special, punitive or consequential damages, arising out of this Agreement or any Statement of Work regardless of the nature of the claim, even if such party knew or should have known of the possibility of such damages or claims. Contractor agrees that all information obtained by virtue of performing its services for Smithfield Foods, Inc. is confidential and proprietary to Smithfield Foods, Inc. and will not be communicated to anyone without the prior written permission of Smithfield Foods, Inc. AGREED UPON AND ACCEPTED THIS DAY OF, 20. CONTRACTOR BY: (Company Name) (Signature)

6 Smithfield Foods, Inc. Worker s Compensation Waiver Agreement I,, am the sole owner/operator for my trucking (Print Name) company,. I acknowledge that I am (Print Company Name) operating under my own authority, therefore I am not required by Smithfield Foods, Inc. guidelines to carry Worker s Compensation coverage on myself. In the event that I should add any new driver under my authority, I understand that I am required to provide Smithfield Foods, Inc. with a copy of my Worker s Compensation Certificate of Insurance. I also understand if found with any unauthorized driver(s) driving my truck(s), whose name(s) have not been supplied to a member of the Ingredient Procurement Department, would be potential grounds to terminate contract agreement. (Date) (Signature Required)